Justice Syed Mansoor Ali Shah has refused to attend the farewell reference of Chief Justice Qazi Faez Isa, denouncing Isa’s approach to judicial leadership and describing him as “an ostrich with his head in the sand.” In a formal letter addressed to his Supreme Court colleagues, Justice Shah criticized the outgoing Chief Justice for his complacency and indifference toward external influences impacting the judiciary, which he contends compromises the institution’s essential role as a check on power.
The Letter
Justice Mansoor Ali Shah’s letter reflects his deep concerns over Isa’s tenure, which he describes as lacking the resilience and moral integrity essential for defending judicial independence. He argues that Isa’s approach has opened the judiciary to external pressures rather than shielding it from them.
SMASH-ed!
“His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility” pic.twitter.com/fGUCVvKqtx
— Meher Bano Qureshi (@MeherBanoQ) October 25, 2024
According to Justice Shah, Justice Faez Isa has neglected collegial values crucial to judicial harmony and has instead fostered internal divisions within the Court. Describing Isa’s actions as “petty” and “vindictive,” Justice Mansoor Shah asserts that the outgoing Chief Justice has left a legacy marred by discord rather than unity, potentially impacting the Court’s strength and credibility for years to come.
New Method for Appointment of CJP
Justice Mansoor Ali Shah, the senior-most judge of Pakistan’s Supreme Court, was next in line to assume the position of Chief Justice. However, the recently enacted 26th Constitutional Amendment has change the method of appointment of Chief Justice of Pakistan. It grants a 12-member parliamentary committee the authority to appoint the Chief Justice by selecting one from among the three most senior judges of the Supreme Court. This amendment revises Article 175 of the Constitution, which previously ensured the automatic elevation of the senior-most judge to the role of Chief Justice.
Under the new provisions, the parliamentary committee must secure a two-thirds majority for the appointment of the Chief Justice. Comprising eight members from the National Assembly and four from the Senate, the committee includes representatives selected from all political parties in both houses, based on a system of proportional representation.
Politico-judicial Maneuvering
This amendment’s passage was facilitated by Justice Qazi Faez Isa, who hastily constituted a bench to overturn Article 63-A. This article had previously barred parliamentarians from voting against their own party, effectively banning horsetrading—a longstanding practice in Pakistani politics where parliamentarians are “bought” to sway votes. With Article 63-A struck down, the establishment-backed coalition government gained the ability to coerce or buy parliamentarians, securing the two-thirds majority required to pass the amendment as a bill.
Read More: Justice Yahya Afridi Appointed as 30th Chief Justice of Pakistan
Various uprisings erupted across Pakistan in response to the 26th Constitutional Amendment bill, but these protests were swiftly suppressed by the establishment-backed regime, led by Pakistan Muslim League-Nawaz (PMLN) and Pakistan People’s Party (PPP). Protests organized by PTI workers in Islamabad and Lahore faced police intimidation and aggressive tactics aimed at dispersing and discouraging citizens from exercising their democratic rights.
Additionally, a number of parliamentarians reported facing intense pressure to comply with the establishment’s decision to weaken the judiciary. Many leaders from PTI and JUI-F revealed that their families were subject to intimidation and that they were offered exorbitant sums to vote in favor of the amendment. Omar Ayub Khan, the Leader of the Opposition in the National Assembly, claimed that seven members of PTI had been abducted.
On Sunday, October 20th, the bill was hastily pushed through both houses of Parliament and immediately signed off by President Asif Ali Zardari on Prime Minister Shehbaz Sharif’s advice.
The 26th Constitutional Amendment has drawn international ire for effectively subordinating the judiciary to political power. Organizations such as the International Commission of Jurists (ICJ) and the UN Human Rights Chief have condemned the amendment, labeling it a significant blow to judicial independence. This backlash not only underscores the global implications of the amendment but also reflects a growing concern about the health of democracy in Pakistan.
Read More: ICJ, UNHCR Condemn Pakistan’s 26th Amendment for Undermining Judiciary
Justice Faez Isa’s tenure as Chief Justice is poised to be remembered not for any landmark judgments or advancements in judicial independence but for his role in undermining the judiciary’s autonomy and succumbing to political pressures. His actions, as highlighted by Justice Mansoor, effectively weakened the judiciary’s ability to serve as a bulwark against state power. This legacy of compliance and subservience to the establishment will leave an indelible mark on Pakistan’s history, raising profound questions about the future of justice and accountability in the country; the hope for an independent legal system appears more distant than ever.